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TOTAL SECURITY PARTNERS - parking fine?!

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  • Coupon-mad
    Coupon-mad Posts: 151,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 March 2013 at 2:47PM
    Well that's good because they have replied to you so no letters can now go to your work, they are out of the loop. Now you can deal with this the same as advised on several threads, with a strong POPLA appeal, maybe like this sort of thing? Post #126 is what I suggested to another poster at the POPLA stage:

    https://forums.moneysavingexpert.com/discussion/2273989

    obviously you'd need your own wording but do not change the fact that you'd be saying as part of your appeal thet the PPC does not have any legal ownership in the car park and so can't make contracts with drivers nor allege trespass/loss (only the owner can do that, not their non-owning agent with a basic contract). As per VCS -v- HMRC 2012.

    And second point that you require POPLA to scrutinse the contract for BPA compliance as you don't believe this firm comply with the code of practice. It is safe enough to say that because they probably don't comply and also most PPCs refuse to show the contract with the landowner which means they then lose at POPLA if the appellent (you) raises the issue.

    Here are some threads showing POPLA decisions lost (at first) and then starting to be won by drivers using POPLA, now we have learned the sort of thing Shona will uphold an appeal over:

    https://forums.moneysavingexpert.com/discussion/4488337

    https://forums.moneysavingexpert.com/discussion/4447137


    You could look for other breaches of the code of practice yourself, here it is:

    BPA Code of Practice including reference to POPLA and the POF Act Oct 2012

    ...obviously there are lots of points on there for you to consider to raise with POPLA about BPA Code non-compliance (which POPLA will take seriously).

    A few might be...are their signs 100% compliant in that car park where you parked? Take pics if not, if any missing, none at entrance, that sort of thing. Did they comply with the deadlines the BPA code states, about fair appeals procedure? Was the ticket for up to £100 (no more) and was the initial 'discount' offered at least a 40% reduction, was the back of the ticket the same in terms of any info on the front about amounts/deadlines? Did the ticket itself state everything it should as per the Code?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 151,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 March 2013 at 2:45PM
    I have now replied with this that I pulled from another Website.

    ...


    Nothing wrong with that being sent to the PPC, it doesn't hurt, but you have a POPLA deadline now. Use it to kick sand in the PPC's face, get the useless ticket cancelled. Include that letter in with your POPLA appeal and add it to the points you want Shona to consider, say you have not had an adequate reply (or any reply). But don't miss out the 'lack of ownership or title in the car park, VCS -v- HMRC' and the demand for their contract to be shown and scrutinised as you allege it's not BPA compliant.

    Don't rush your POPLA appeal, post it here and on pepipoo first for comments so we can fine-tune it to try to get POPLA cases won as a matter of course.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for your help guys. Sent an appeal through popla now too. Will keep you updated!:beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I would also read this http://www.britishparking.co.uk/write/Documents/BPA_Code_of_Practice_2012_Version_1_October_2012.pdf with particular reference to the "Signs" section.

    Then check that they are compliant. POPLA serve the public best when the PPC fails to follow the BPA guidelines or, as you have already discovered, if they have no valid contract.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Thanks for your help guys. Sent an appeal through popla now too. Will keep you updated!:beer:

    you can always add on to your appeal to popla, do you mind sharing what you put to them? You can do this via Private Message if you feel uncomfortable with it on a public forum.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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